Legal Opinion

Hotchkins v. Third National Bank

New York Supreme Court

Decided September 25, 1890Published

Appeal from judgment on report of referee. Action by Cornelia P. Hotchkins against the Third National Bank of Malone. Defendant appeals.

1Opinion of the CourtMayham, J.

This is an appeal from a judgment entered upon the report-of a referee in favor of the plaintiff, in an action to recover the possession of 79 top buggies, or the value of the same, if they cannot be returned. The complaint alleged that the defendant’s vendor obtained the carriages from the plaintiff by false and fraudulent representation of his solvency, and thereby induced the plaintiff to sell and deliver them to him upon credit, and that defendant, in whose possession they were at the time of the commencement of the action, was not a bona fide purchaser for value. The answer denies the…

2Cases cited6 opinions

  1. Brackett v. . GriswoldNew York Court of Appeals · 1889
  2. Morris v. . TalcottNew York Court of Appeals · 1884
  3. Nichols v. . PinnerNew York Court of Appeals · 1858
  4. Peoples' Bank of City of New York v. . BogartNew York Court of Appeals · 1880
  5. MacUllar v. . McKinleyNew York Court of Appeals · 1885

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